To prove that A murdered Y, C, a child of 5 years was brought in as an Eye Witness. Is it relevant?

Facts of the Case

‘A’ is accused of murdering Y. During the trial, the prosecution intends to produce C, a child of 5 years, as an eyewitness to testify about what he saw at the time of the incident.

The question arises whether testimony from a child of 5 years can be considered relevant and admissible evidence under Indian law.

Issues in the Case

1. Whether a 5-year-old child can be treated as a competent witness under Indian law?
2. Whether C’s testimony is relevant and admissible to prove the murder committed by A?
3. What safeguards exist when examining a minor witness in court?

Legal Principles Covered to Support Case Proceedings and Judgments

A. Competency of Witness – Section 118 & 119, Indian Evidence Act, 1872

• Section 118: Every person is competent to testify unless the court considers them incapable of understanding questions or giving rational answers.
• Section 119: Even infants are competent to testify if they can understand questions and give rational answers.

Essentials:

1. Age is not a disqualification per se.
2. Court must determine whether the child has sufficient intelligence to understand questions.
3. Testimony must be rational and relevant to the fact in issue.

B. Judicial Principles

1. State of Rajasthan v. Kashi Ram – Children can be examined as witnesses if they understand the duty to speak the truth.
2. Lallu Yeshwant Singh v. State of U.P. – Testimony of very young children is admissible if the court is satisfied about understanding and rational capacity.
3. R. v. Foster – Even a child of tender age can testify if they comprehend the importance of truth.

C. Safeguards while Examining a Child Witness

• Court must put questions in simple and understandable language.
• Reliability and credibility must be carefully assessed.
• Child’s evidence may require corroboration with other evidence (medical reports, circumstantial evidence).
• Protection measures under Juvenile Justice Act and Section 327 CrPC for examination of child witnesses may be applied.

D. Relevance

• If the court finds that C can understand the questions and give rational answers, his testimony is relevant and admissible.
• Evidence of a child eyewitness can prove the fact in issue, subject to evaluation of reliability.

Possible Judgment

The Court is likely to hold that:

1. C, the 5-year-old child, is competent to testify under Sections 118 and 119 of the Indian Evidence Act, 1872, provided the court is satisfied about his understanding.
2. Child’s testimony is relevant to prove the murder committed by A.
3. The court may scrutinize credibility and may seek corroboration with other evidence before relying on the testimony for conviction.
4. If C demonstrates sufficient intelligence and comprehension, his evidence can contribute significantly to establishing A’s guilt.

Final Decision

The testimony of C, a 5-year-old child, is relevant and admissible to prove the murder of Y by A, provided the court determines that C has sufficient intelligence to understand questions and give rational answers, in accordance with Sections 118–119 of the Indian Evidence Act, 1872.

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